1.Governor Wike's actions today demolishing the hotels in Port- Harcourt for purportedly violating the directive of the Governor banning hotel activities not only violates the Constitution of the Federal Republic of Nigeria but also the doctrine of separate of powers. https://twitter.com/bbellgam/status/1259532109242302470

2. The Governor illegally usurped the powers of the legislature and the judiciary. It is elementary law that executive Orders of a Governor do not constitute law,the breach of which shall constitute an offence known to law. See Okafor v. Lagos State Govt & Anor(2016) LPELR-41066.

3.His Lordship Ogakwu J.C.A held thus;"I find worrisome the contention of the Respondents that the directive of the Governor can be equated to a Law for which criminal sanctions will lie,and a person tried and convicted for the offence of violating the directives of the Governor"

4. From the holding of the COA, no punishment can lie from disobeying the directives of a Governor.Secondly, by virtue of Section 4 (6) of the 1999 Constitution (as amended), the legislative powers of a State of the Federation are vested on the House of Assembly of the State.

5.The directive of the Governor banning hotel activities has not been enacted into law by the Rivers State House of Assembly. By elevating his directive to a law and unilaterally prescribing criminal sanctions or penalties, Governor Wike illegally usurped the powers of the RHOA.

6. No citizen ought to be punished by any offence not created by law. See Omatseye v. FRN (2017) LPELR-42719.Thirdly, it is only the judiciary that can impose penalties for the any contravention of any law. What the Governor has done is to make himself judge, jury, enforcer and..

7...executioner thereby violating the doctrine of separation of powers. Most importantly, the Governor infringed on the hoteliers' fundamental right to fair hearing. Section 36 of the Constitution guarantees an individual's right to fair hearing in a court of law in the...

8...determination of his civil rights or obligations against any government or authority.Assuming but not conceding that the executive order of the Governor can be equated to a law passed by the RHA for which sanctions shall lie,the appropriate step was to allow the alleged...

9... violators have their day in court and not to demolish their properties.
Finally, it is important to state that the Quarantine Act prescribes the sum of 200 or 6 months imprisonment as penalty for any violation of the act or the regulations made pursuant to the Act.

10.Which law vests the Governor with the powers to demolish properties? Nigeria is not governed on the whims and caprices of any man, we run a constitutional democracy. I will leave you with the holding of the court of Appeal in AG Kebbi State v.Jokolo Ors (2013).LPELR-22349...

11.LPELR-22349 where it was held that"The executive powers of the Governor of any State must be exercised in accordance with law else the Courts will not shy from holding as invalid any executive or administrative action that is not reasonably justifiable in a democratic society.

12. The Courts shall intervene to curtail or nullify abuse of powers and authority not supported by law"

The End.